Moffat Parking

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Moffat Parking

Moffat parking in Dumfriesshire is getting harder by the day. There look to be more yellow lines, additional traffic wardens, a reduced amount of free car parking and even supermarkets are now charging for you to park and shop with them...where will it all end?

Hopefully uk comprehensive can help you with your parking in Moffat. If you have received a parking fine or ticket whilst parking in Moffat, then we are here to make your life a bit easier.

First of all there are 2 different types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is essential for your wallet that you are clear about which one you have received. If the ticket is a legitimate notice from Moffat council or Moffat police then you've been issued a PENALTY CHARGE NOTICE (PCN). Only the two bodies are allowed to issue Penalty Charge Notices and it means that you are being fined for parking wrongly on civic land. Such an offence is backed up by criminal law and you can be fined or end up in court for non-payment of the fines.

If you have received a PCN issued by a council or police force then you ought to refer to the Moffat council or Moffat police for counsel on what to do next. Moffat council will have comprehensive information on their website outlining how long you have got to pay the fine, how to pay the fine and the penalties involved if you fail to pay within the time frame.

Ordinarily they supply a markdown (how nice of them) if you pay within a certain time frame.

The PCN should also contain clear detail of what parking violation you are accused of committing and contain any confirmation, such as a photograph, which is being relied upon to show you committed the offence. Importantly, the PCN ought to in addition include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals process and the timescales involved.

If you are in any reservation as to what to do when you receive a pcn, it is always a nice idea to get separate advice from the Moffat Citizen's Advice Bureau, or a Moffat lawyer. The Law Society can provide details of a Moffat solicitor.

If you have got a Parking Charge Notice then you have received this from a private parking company. A private parking business is an organisation which has entered into an understanding with a landlord to enforce any parking restrictions he or she chooses to place on their property.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions commonly in a notification displayed on the land which you agree to abide by when you park on that land. By choosing to park on the land it may be implied that you agree to these conditions, especially if the notice is clear and prominently displayed and you are therefore entering into an agreement with the business running the car park.

More often than not, such restrictions will include a set time limit, a requirement to pay and display or a no-return policy. The T&C's of the car park should be displayed clearly and concisely on signs as you enter the car park and at further points across the location, along with info about parking fees and any subsequent charges which could be incurred for failing to comply. If you obtain a parking charge notice you should check that these terms are accurately displayed at the car park in question. If you find they aren't, you may wish to write to the business to appeal the charge.

The key difference involving an official penalty charge issued by the establishment and a parking charge issued by a private business is that there is zilch in criminal law to support a penalty or fine for parking on private land. Hence they should not be described as penalties or fines, although loads of parking operators will label their notices a Parking Charge Notice, which handily also abbreviates to PCN (what a coincidence!).

In issuing a Parking Charge Notice, the parking operator is relying on the law of contract to make an entitlement for compensation. The total they ask for is to compensate for you breaching the contract you formed when you parked on the property in question. According to the CAB, this payment ought to be acceptable and in line with the loss suffered by the company, even though extreme charges are common. This is not a criminal matter despite any impression given to the contrary by the operator.

The operator has no right to claim a parking charge from you without first taking you to court, so if you feel there has been an oversight and you should not have been issued a ticket, you may wish to dispute the charge with the parking company as soon as possible. You should ask them to make available proof of their case against you. If you fail to reach an agreement with them, then, as with all civil matters, it is up to the parking company to bear out their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this period. Take into account that the parking operator has to corroborate its case on the balance of probabilities.

It is also imperative to write down that, as things currently exist, the driver of the vehicle is the solitary person who can enter into a contract with the landlord. Thus if you weren't the person driving you may wish to inform the parking company of this right away. Just because you are the registered keeper of the vehicle, you are under no legal obligation to impart the parking operator with any further info, as you would be with the police. In particular you do not have to identify the driver or supply his or her name and address.

Indeed if you are confident that you have not parked in contravention of the rules of the car park, you do not have to contact the parking company if you do not wish to do so as the obligation is on the parking company to confirm its case. However you should let them know that you contest the notice as if not, you can count on a progression of letters from the company itself, debt collectors and solicitors, all warning of court action. However, the reality is that extremely few cases ever reach court because of the difficulties the private company has in proving its case. Consequently, the letters usually stop. Even if a case does reach court, the company may have trouble convincing a judge that the charge is fair.

The bottom line is it is going to be very hard for these companies to establish you are a guilty party in this. In 99.99% of cases the best thing to do is rip up the ticket and throw it away. We would recommend not to contact the company (as you are handing them your details) or waste your time and money consulting a solicitor. Most of these companies do not provide proper signage - in other words they are straightforward to miss when you are busy thinking of all the things you want to buy.